Man claims his dog, moved from 1st class to coach, died due to airline’s negligence

SAN JOSE, Calif. — Michael Contillo claims he did everything necessary to ensure his two beloved French bulldogs, Ash and Kora, had a safe flight back to San Francisco International Airport from New York City — including flying first class so the dogs would have more room.

But shortly before takeoff, the flight crew made him and his dogs move to the tighter seating in coach, stressing Ash. A little more than five hours later when Contillo arrived in the terminal at SFO and immediately opened Ash’s carrier, he discovered the cream-colored dog, about to turn 4, was stiff and dead, according to a lawsuit Contillo filed Wednesday against Alaska Airlines.

“I’m loudly weeping,” Contillo said by phone Friday. The pilots and flight crew walked past, he said. “They see our dead dog. They see me crying. Not a single one of them stops to offer any help or condolences.

“One of the crew members loudly stated, ‘Now you’re going to blame us for killing your dog.’”

Alaska Airlines said it does not comment on lawsuits.

Contillo’s lawyer James Drake said the airline had rejected a “reasonable” settlement offer, most recently on Friday.

Contillo and his father, Michael Sr., had originally flown with the dogs to New York on Alaska in first class in November for a two-month trip, after a veterinarian confirmed Ash and Kora were in good health for cross-country flights, the lawsuit filed Wednesday in San Francisco County Superior Court said.

The dogs had no issues on the trip, and remained healthy and active throughout their time in New York, the lawsuit said.

Before the Feb. 1 flight back to San Francisco, Contillo contacted the airline to reserve in-cabin space for Ash and Kora, and paid the required $100 fee per dog at the airport, where airline workers twice confirmed the dogs’ carriers met specifications, the lawsuit said.

According to the American Veterinary Medical Association, bulldogs and other short-nosed dogs are more likely to die on flights than normal-nosed dogs, because of breathing problems. Keeping the dogs in the passenger cabin, rather than in the hold where air circulation is poorer, can reduce the risk, the association advises.

Contillo and his dad took their seats in the fourth row of the plane, with the small bulldogs in their carriers, and sat for about 20 minutes, with both animals becoming calm, Contillo said. Immediately before takeoff, a flight attendant and another airline or airport worker told them to move to row 11 in coach, saying it was “for safety reasons” but refusing to explain further, said Contillo, who works as a head of product for a legal-technology company.

“It makes no sense,” he said, “because there’s less space in the coach seats as compared to the amount of space in first class.”

Contillo told airline staff that moving the dogs just before taking off would be “extremely dangerous for the dogs,” and could lead to “potentially lethal breathing and heart problems,” the lawsuit said. Contillo told the staff Ash “would not be calm anymore” in a more-crowded area of the plane, but they “ignored everything that was said” and ordered the men and the dogs into coach, the lawsuit claimed. Because take-off was imminent, the Contillos complied, the lawsuit said.

“Once we moved, Ash immediately started to breathe very, very quickly, he started to breathe very heavily,” Contillo said. “He was noticeably petrified and helpless.”

Contillo was told to keep the dogs’ carriers closed during takeoff, and by the time the noise of the jet’s ascent had diminished, Ash appeared to have quieted down and he kept the dog’s carrier shut, he said. “We were operating under the assumption that he had fallen asleep and he was calm, and we didn’t want to disturb him,” Contillo said.

Contillo believes that if the airline had not made him and his dogs move, his beloved Ash would still be alive.

He said he thinks about the dog every day.

“Ash loved life,” Contillo said. “He woke up every day excited to be alive. A door opening was a celebration. A carrot dropping on the floor was the best thing that could happen. Every time I took him on a stroll … it was like going on a stroll for the first time.”

No one at Alaska Airlines has ever contacted Contillo about Ash’s death, he said.

Contillo’s lawsuit accused the airline of negligence, negligent hiring, and negligent infliction of emotional distress. He is seeking unspecified damages.